P.L.2017, CHAPTER 134, approved July 21, 2017 Senate, No.2883

Transcription

1 P.L.0, CHAPTER, approved July, 0 Senate, No AN ACT concerning eligibility for the veterans property tax deduction and disabled veterans 00% property tax exemption and amending P.L., c.. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. Section of P.L., c. (C.:-.0) is amended to read as follows:. (a) "Active service in time of war" means active service by a person, while in the United States Armed Forces, at some time during one of the following periods: Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' The period of rescue and recovery of the victims of the terrorist attack on the World Trade Center in New York, New York, on September, 00, who served on the pile of rubble that resulted from the attacks on the World Trade Center in direct support of that rescue and recovery effort for a period, continuously or in the aggregate, of at least days in such active service commencing on September, 00 and ending on May 0, 00; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' service as herein provided; Operation "Enduring Freedom", on or after September, 00, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

2 S or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' Operation "Restore Hope" in Somalia, on or after December,, or the date of inception of that operation as proclaimed by the President of the United States or Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before March, ; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the -day Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 0,, who served in such active service in direct support of one or both of the operations for at least days, continuously or in the aggregate, commencing on or before June 0,, and () was deployed in that nation or in another area in the region, or () was on board a United States naval vessel operating in the Adriatic Sea, or () operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual serviceincurred injury or disability shall be classed as a veteran whether or not that person completed the -day service requirement; Operation Northern Watch and Operation Southern Watch, on or after August,, or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the aggregate, of at least days in such active service, commencing on or before the date of termination as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is the latest; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August, 0 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any

3 S person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' The Panama peacekeeping mission, on or after December 0, or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before January, 0 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' The Grenada peacekeeping mission, on or after October,, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before November, or the date of termination of that mission as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' The Lebanon peacekeeping mission, on or after September,, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before December, or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' The Vietnam conflict, December, 0, to May, ; The Lebanon crisis, on or after July,, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before November, or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall

4 S be classed as a veteran whether or not that person has completed the days' The Korean conflict, June, 0 to January, ; World War II, September, 0 to December, ; World War I, April, to November,, and in the case of service with the United States military forces in Russia, April, to April, 0; Spanish-American War, April, to August, ; Civil War, April, to May, ; or, as to any subsequent war, during the period from the date of declaration of war to the date on which actual hostilities shall cease. (b) "Assessor" means the assessor, board of assessors or any other official or body of a taxing district charged with the duty of assessing real and personal property for the purpose of general taxation. (c) "Collector" means the collector or receiver of taxes of a taxing district. (d) "Honorably discharged or released under honorable circumstances from active service in time of war," means and includes every form of separation from active, full-time duty with military or naval pay and allowances in some branch of the Armed Forces of the United States in time of war, other than those marked "dishonorable," "undesirable," "bad conduct," "by sentence of general court martial," "by sentence of summary court martial" or similar expression indicating that the discharge or release was not under honorable circumstances. A disenrollment certificate or other form of release terminating temporary service in a military or naval branch of the armed forces rendered on a voluntary and part-time basis without pay, or a release from or deferment of induction into the active military or naval service shall not be deemed to be included in the aforementioned phrase. (e) "Pre-tax year" means the particular calendar year immediately preceding the "tax year." (f) "Resident" means one legally domiciled within the State of New Jersey. Mere seasonal or temporary residence within the State, of whatever duration, shall not constitute domicile within the State for the purposes of this act. Absence from this State for a period of months shall be prima facie evidence of abandonment of domicile in this State. The burden of establishing legal domicile within the State shall be upon the claimant. (g) "Tax year" means the particular calendar year in which the general property tax is due and payable. (h) "Veteran" means any citizen and resident of this State honorably discharged or released under honorable circumstances from active service in time of war in any branch of the Armed Forces of the United States. (i) "Veteran's deduction" means the deduction against the taxes payable by any person, allowable pursuant to this act.

5 S (j) "Surviving spouse" means the surviving wife or husband of any of the following, while he or she is a resident of this State, during widowhood or widowerhood:. A citizen and resident of this State who has died or shall die while on active duty in time of war in any branch of the Armed Forces of the United States; or. A citizen and resident of this State who has had or shall hereafter have active service in time of war in any branch of the Armed Forces of the United States and who died or shall die while on active duty in a branch of the Armed Forces of the United States; or. A citizen and resident of this State who has been or may hereafter be honorably discharged or released under honorable circumstances from active service in time of war in any branch of the Armed Forces of the United States. (k) "Cooperative" means a housing corporation or association incorporated or organized under the laws of New Jersey which entitles a shareholder thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by the corporation or association. (l) "Mutual housing corporation" means a corporation not-forprofit incorporated under the laws of New Jersey on a mutual or cooperative basis within the scope of section 0 of the "National Defense Housing Act," Pub.L.- ( U.S.C.s. et seq.), which acquired a National Defense Housing Project pursuant to that act. (cf: P.L.00, c., s.). This act shall take effect immediately. STATEMENT This bill would revise the definition of active service in time of war in N.J.S.A.:-.0 to include service during the period of rescue and recovery of the victims of the terrorist attack on the World Trade Center in New York, New York, on September, 00. This revision of the definition of active service in time of war would make an honorably discharged veteran of the United States Armed Forces eligible for the $0 veterans property tax deduction. Specifically, the bill would require that a member of the United States Armed Forces must have served on the pile of rubble that resulted from the attacks on the World Trade Center in direct support of that rescue and recovery effort for a period, continuously or in the aggregate, of at least days in such active service commencing on September, 00 and ending on May 0, 00. It would also require that any person receiving an actual service-

6 S 0 0 incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person completed the required days' service. This revision of the definition would also make an honorably discharged veteran of the United States Armed Forces eligible for a 00% property tax exemption under N.J.S.A.:-.0 et seq. if the veteran sustained a service-connected 00 percent disability while serving at the World Trade Center site. While the State reimburses municipalities, at a rate of 0 percent ($) for each property tax deduction provided to eligible veterans, the State does not reimburse municipalities for foregone property tax revenue resulting from the disabled veterans 00 percent property tax exemption. Extends eligibility for veterans property tax deduction and disabled veterans property tax exemption to members of the United States Armed Forces assigned to the rescue and recovery mission at the World Trade Center between September, 00 and May 0, 00.